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A BRIEF NOTE ON DOMESTIC VIOLENCE ACT: THE RIGHTS OF VICTIMS AND LIABILITIES OF RESPONDENTS OF


A BRIEF NOTE ON DOMESTIC VIOLENCE ACT: THE RIGHTS OF VICTIMS AND LIABILITIES OF RESPONDENTS OF

Protection of Domestic violence Act was enacted in 2005 to ensure the safety and security of women in shared household.  The Act recognises the physical, emotional, sexual,  verbal and economic abuse of women in shared households. Even the deprivation of maintenance allowance by the husband constitutes domestic violence. A suit under Domestic violence can be initiated even after divorce.

Remedies available to the aggrieved person;

Monetary relief: The aggrieved person is entitled to monetary relief under section 20 of this act which may also be in addition to the maintenance under section 125 of CRPC.

Right to custody of child: The aggrieved person may claim custody of her child under section 21 of the Domestic Violence Act.

Compensation for mental stress and emotional abuse can also be claimed under section 22 of the Domestic violence Act. It is worthy to note that a husband is not absolved of his liability under this act even after a Divorce decree has been granted.

Right to protection order under section 18 of the DWA: A breach of the protection order under section 18 by the respondent is an offence under section 31 of DWA and shall be punishable with an imprisonment upto 1 year or a fine of Rs. 20,000 or both. 

Right to residence order under section 19 of the DWA facilitate the undisturbed residence of the victim in the shared household. 

The enactment of Domestic violence Act marks a watershed in history while guaranteeing innocent women who are suffering exploitation and domestic violence in the Indian family structures their basic rights.

Posted On : November 4, 2020

Written By :
SP ASHWIN  BALAJI
SP ASHWIN BALAJI
D.O.E. : 4/2018
Bangalore |
Consult

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A widowed daughter in law can claim maintenance against the joint family property. The claim is enforceable against the Father in Law so long as the daughter in law has a right to claim maintenance against the coparcenary property in the hands of the father in law.However, during the lifetime of the husband,the daughter in law is not entitled to claim property or maintenance from the Father in Law but she is entitled to claim maintenance for herself as well for her children from the husband even when the husband is jobless. In a significant ruling, the Bombay High Court has held that even if a husband is jobless, he is bound to maintain his wife & children and can't cite his unemployment as an excuse for not paying the monthly maintenance. The High Court said the earning capacity of a husband can't be lost sight of & accordingly ordered a man to pay maintenance to his estranged wife.
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